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A state appeals court has decided that there is “no serious question” that naked dancing in a strip club, “at a bare minimum,” does not meet the definition of choreographed performances that would relieve the club from paying state sales taxes on drinks and cover charges. The Appellate Division, Third Department, ruled unanimously to uphold the opinion of the Tax Appeals Tribunal, which overturned a tax appeals’ officer’s finding that the pole and lap dances performed at Nite Moves in the Albany suburb of Latham are dramatic or musical arts that would have exempted the club from nearly $125,000 in state sales taxes, plus interest (NYLJ, March 26, 2009, April 27, 2010).

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